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The Official Website for the Republic of Texas compliments of the Current Counsel General Interim Government.

Monday, May 6, 2013

NOTICE OF TEXAS RADAR CERTIFICATION PROCEDURE

Cause No(s). _____________________________

The State of Texas§IN THE _________________________
COURT

§

VS.§
________________________________________§

____________________________§ __________________
COUNTY, TEXAS

NOTICE OF TEXAS
RADAR CERTIFICATION PROCEDURE

I. Need for Certification

A. Courts have recognized certification as an
effective measure of skill in operating various instruments.

1. New Jersey Vs Douglas Wojtkowiak-court determined that:

“a properly
calibrated speed detection devise, has a high degree of scientific and
operational reliability when used.. by persons having at least three hours of
classroom training and two to three hours of practical instruction together
with some minimum experience prior to use in law enforcement The court on the
records before it, cannot specify what the minimum experience should be, but
holds that eighty hours is, beyond doubt. Sufficient.”

2. Because of the high degree of skill and
judgment required to operate RADAR reliably, court suggested periodic follow-up
training to verify, continuing qualification as RADAR operator.

II. Certification

A.
Procedure

1. Instructors (at least one Lieutenant per district ) will attend a
training session in Austin
for the purpose of insuring course content, uniformity and to emphasize need
for careful and comprehensive instruction and training of RADAR operators in
the field.

3. Lieutenants, following Austin
training, will present classroom Phase to Sergeants and troopers.

a. Five
hour presentation with written examination.

4.Sergeants (or trooper
designated by instructor) will conduct operational phase of training after
certification by instructor.

a.
Internal calibration check.

b. Tuning
fork calibration check.

c.Check of unknown vehicle speeds
to establish competency

(5 moving
mode-5 stationary).

5.Operational check sheet for field instructors.

6.Certification of operator following successful completion of course

a.Certificate.

b.Wallet size card

III. Certification of New Personnel.

A. Recruit Trainees.

1. Classroom phase presented in recruit school (proposed).

2. Operational phase within 60 days
after field assignment.

B. Transfers
from other services-reinstatements.

1.
Classroom and operational test must be completed prior to certification.

2. Prior to certification transferee will operate RADAR only under oversight
of certified operator.

3. Reinstatee will be required to pass certification test if his
certificate has expired.

IV. Loss of Certification

A. Sergeant may suspend certification of a trooper

1. Lack of proficiency noted by
supervisor.

2. Inaccurate
readings in spot checks.

B. Supervisor may require field re-examination of operator as
he deemsnecessary.

V. Re-certification

A. Biannually

1. Certificates to expire on
August 31 in even years.

2. Presentation of any new
materials or case law.

3. Competency exams without
lecture.

4. Certificate validated for two
years.

________________________________________

Signed

________________________________________

Name

________________________________________

Location

________________________________________

Area

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the
forgoing has been delivered to the following party or counsel of record via
certified mail, return receipt requested, hand delivery or fax on this
______day of ________________________,
201__.

______________________________________

______________________________________

______________________________________

_________________________________

INSTRUCTIONS

This Document is usually only used when there is a
speeding charge. This Document can be filed after arraignment. The sooner, the
better. At a minimum, 10 days before the Pre-Trial hearing. Just another hoop
the Prosecutor has to jump through.

Original is filed with the
court clerk, copy served on the prosecutor, a copy for you.

Line 1: Where you put the
cause numbers of the case.

Line 2: Put either
‘Municipal’, ‘Justice of the Peace’ or County.

Line 3: Puteither ‘In the City of (whatever City)”,
“Precinct (whatever number)” or “(whatever county Court it is – like – At Law
#11)

Line 4: Put your name in
Upper and Lower Caps.

Line 5: Put whatever county
the court is in – like – “Galveston”.

Line
6: Sign your name, print your name in Upper and Lower Caps.

Line
7: Put your name in Upper and Lower Caps.

Line 8: Print your address.

Line 9: Print the City where
your address is; then Texas

Line
10: Put the numbered day of the Month that you serve a copy of this document to
the prosecutor.

Line
11: Put the name of the Month that you serve a copy of this document to the
prosecutor.

Line
12: Put the last number of the year that you serve a copy of this document to
the prosecutor. – like - 2013 .

Line 13: Put “ Prosecutor for
(Whatever Court)

Line 14: Put the street address
where the prosecutor will be served.

Line 15: Put the City, State
and Zipcode where the Prosecutor will be served.

Line 16: Sign your name, print
your name in Upper and Lower Caps then below that print your address.

Original goes to the clerk of the court, one copy to
the Prosecutor and one copy for you to keep and have stamped by the clerk. Be sure and NOT include the instruction
sheets.